Platinum Property Advisors Pty Ltd v City of Parramatta Council [2018] NSWLEC 1466

Land and Environment Court New South Wales

Medium Neutral Citation: Platinum Property Advisors Pty Ltd v City of Parramatta Council [2018] NSWLEC 1466 Hearing dates: 18-19 July 2018 Date of orders: 04 September 2018 Decision date: 04 September 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 991/2016, for demolition of existing structures, tree removal and construction of a part five and part nine storey mixed use development containing 13 residential apartments with retail and commercial premises at the ground floor and three levels of basement parking, at 15 Cowper Street Parramatta, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 6, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION: Mixed use development; impact on neighbouring properties; whether amalgamation of sites is feasible; reasonable offer; site isolation Legislation Cited: Environmental Planning and Assessment Act 1979 Parramatta Development Control Plan 2011 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy (Urban Renewal) 2010 Cases Cited: Fabcot Pty Ltd v Hawkesbury City Council (1997) 93 LGERA 373 Karavellas v Sutherland Shire Council [2004] NSWLEC 251 New Century Development Pty limited v Baulkham Hills Shire Council [2003] NSWLEC 154 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Platinum Property Advisors (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: S Duggan SC (Applicant)